MGO CAPITAL, a company registered under CRD#: 37584/SEC#: 8-47814, with its principal place of business located at 24400 Chagrin Blvd, Suite 310 Beachwood, OH 44122, United States 2 (hereinafter referred to as the "Company"), and any individual or legal entity who has duly executed this Agreement and completed the registration form (hereinafter referred to as the "Customer"), collectively referred to as the "Parties," hereby enter into this legally binding Agreement (hereinafter referred to as the "Agreement").
This Agreement sets forth the terms and conditions under which the Company shall provide financial market operations services to the Customer. These services include, but are not limited to, the facilitation of transactions in financial instruments, management of trading accounts, and other related services as specified herein. The Agreement is designed to outline the responsibilities and obligations of both Parties in the execution of financial transactions, ensuring clarity and mutual understanding.
1. Definition
"Active account" – A trading account maintained by the Customer where the volume of executed market lots within the accounting period exceeds 0.2% of the average equity, denominated in USD. For instance, for an account balance of USD 1,000, the required trading volume would be 2 market lots or 20 MGO CAPITAL lots. In cases of opposite trades, only half of the locked volume is counted towards the executed lots.
"Adviser" – A program, based on MetaQuotes Language, designed to manage trading accounts by sending requests and orders to the Company’s server through the Customer's terminal.
"Arbitrage" – A trading strategy that involves taking advantage of price differences in different markets by conducting "Arbitrage transactions."
"Arbitrage transaction" – An operation where an asset is bought on one market and simultaneously sold on another market to capitalize on price discrepancies. This strategy seeks to lock in profits regardless of market movements by offsetting positions. Arbitrage transactions may also occur on the same market when significant price gaps appear at the moment of trade opening or closing.
"Ask" – The highest price within a currency pair quote at which the Customer can purchase the currency.
"Balance" – The total financial result of all completed transactions and non-trading operations on a trading account.
"Base currency" – The first currency listed in a currency pair that the Customer can either buy or sell at the price of the quote currency.
"Bid" – The lowest price within a currency pair quote at which the Customer can sell the currency.
"Bonus funds" – Funds credited to the Customer's account as part of bonus programs or contests conducted by the Company.
"Equity" – The current balance of the trading account, calculated using the formula: balance + floating profit - floating loss.
"Candlestick bar" – A chart element that includes open and close prices, as well as the highest and lowest prices, over a specific time period (e.g., 1 minute, 5 minutes, 1 hour, 24 hours, 1 week, etc.).
"Customer" – Any individual or legal entity that has accepted this Agreement with the Company to conduct trading operations under margin trading terms and has entered into a rental contract for the Customer terminal with MGO CAPITAL. A "Customer log file" is a file generated by the Customer's terminal, recording all queries and orders sent to the Company with a 1-second accuracy.
"Closed position" – The outcome of the second part of a completed transaction.
"Completed position" – Consists of two opposite trading operations of equal size (e.g., buying followed by selling or selling followed by buying).
"Contract for Difference (CFD)" – A trading instrument based on changes in the value of an underlying asset, which may include stocks, futures, commodities, precious metals, stock indices, etc.
"Contract specification" – The key trading conditions for each instrument, including spread, lot size, minimum trade volume, changes in trade volume, initial margin, lock, etc.
"Currency pair" – A unit of trade operation based on the price fluctuation of one currency against another.
"Dealer" – The Company with whom the Customer has entered into this Agreement, or an employee of the Company responsible for executing the Customer's orders, stop-outs, and margin calls.
"Developer" – MetaQuotes Software Corp., the creator of the trading platform used by the Company.
"Disputable issue" – A situation where either the Customer or the Company believes the other Party has breached one or more terms of this Agreement.
"Dormant and/or Inactive Account" – A trading account that has not been active for three consecutive months, where no trading activity has been initiated by the account holder, and no transactions have been carried out by the Company on behalf of the account holder.
"Hedged margin" – The collateral required by the Company to open and maintain trades. The margin amount is specified for each instrument in the contract specifications.
"Initial margin" – The collateral required by the Company to open a trade, as specified for each instrument in the contract specifications.
"MGO CAPITAL website" – The official website of MGO CAPITAL broker, accessible at the address provided by the Company.
"Instrument" – A currency pair or CFD (contract for difference).
"Leverage" – The ratio of the amount used in a trade to the deposit required. For example, leverage of 1:200 means that to open a trade, the Customer needs a deposit that is 200 times less than the trade size.
"Lock" – Simultaneous long and short positions of the same volume opened on the same instrument and account.
"Lock margin" – The collateral required by the Company to open and maintain locked positions, as specified in the contract specifications.
"Long" – The act of buying an instrument in anticipation that its price will rise. For currency pairs, it involves purchasing the base currency using the quote currency.
"Lot" – A unit of measurement for the quantity of shares, commodities, or base currency in a trading platform.
"Lot size" – The quantity of assets, commodities, or base currency per one lot, as defined in the contract specifications.
"Margin level" – The ratio of equity to the required margin, expressed as a percentage and calculated using the formula: (equity/margin) * 100%.
"Margin call" – A situation in which the Company has the right, but not the obligation, to close all open trades of the Customer due to insufficient funds (free margin). The margin level at which a margin call is triggered is specified in this Agreement..
"Necessary margin" – The amount of money required to maintain open positions, as specified on the contract specifications page.
"Non-trading operation" – Any operation involving the deposit or withdrawal of funds from a trading account, or the allocation or return of credit.
"Normal market conditions" – A market state characterized by the absence of significant interruptions in quote delivery, stable price dynamics, and no substantial price gaps.
"Opening gap" – A situation where either of the following is true: 1) The Bid at market open is higher than the Ask at market close; 2) The Ask at market open is lower than the Bid at market close.
"Order" – The Customer’s instruction to the Company to open or close a trade once the price reaches the specified order level, or to place, modify, or delete an order.
"Order level" – The price specified in the order.
"Order levels" – The current Bid and Ask prices, respectively, in currency pairs, or the best Bid and best Ask in the CFD.
"Order queue" – A sequence of trade orders placed by the Customer or the Dealer.
"MGO CAPITAL trading terminal" – A platform provided by MGO CAPITAL for the execution of trading operations.
"Party" – Either the Company or the Customer, as the context may require.
"Trade" – An agreement between the Company and the Customer to buy or sell an instrument under the terms specified in this Agreement.
"Trading hours" – The time during which trading in a specific instrument is available, as specified in the contract specifications.
"Trading operation" – An action taken by the Customer to buy or sell an instrument.
"Trailing stop" – A stop order set at a defined percentage away from the market price. As the market price moves in a favorable direction, the stop price adjusts accordingly.
"Transaction" – Any operation executed in the trading terminal, such as opening or closing a position, depositing or withdrawing funds, or adjusting the margin level.
"Verification" – The process by which the Customer’s identity and information are confirmed by the Company to comply with legal and regulatory requirements.
"Volatility" – A statistical measure of the dispersion of returns for a given security or market index. Typically, the higher the volatility, the riskier the security.
"Volume" – The quantity of assets, commodities, or base currency traded during a specific time period.
2. Interpretation
Headings and sub-headings in this Agreement are provided for ease of reference and shall not be considered in the interpretation of this Agreement.
Words denoting the singular number shall include the plural and vice versa, unless the context otherwise requires.
The words “include” and “including” shall be construed as being followed by the words “without limitation.”
3. Services
The Company shall provide the Customer with access to financial market operations services through the trading terminal.
The Customer shall be responsible for maintaining the confidentiality of their login information and ensuring the security of their account.
The Company shall execute the Customer’s orders under the terms specified in this Agreement.
The Customer agrees to comply with the terms and conditions of this Agreement and any applicable laws and regulations.
4. Execution of Orders
The Company shall use reasonable efforts to execute the Customer’s orders promptly and accurately.
The Customer acknowledges that the Company may not be able to execute orders at the requested price due to market conditions, including but not limited to price slippage and requotes.
The Company reserves the right to refuse to execute an order if it violates this Agreement or if the Customer’s account does not have sufficient funds to cover the required margin.
5. Risk Disclosure
The Customer acknowledges that trading in financial markets involves a high degree of risk, including the risk of loss of all funds invested.
The Customer agrees that they have read and understood the Company’s risk disclosure statement and that they accept all risks associated with trading in financial markets.
6. Fees and Charges
Participants with profits of $100,000 or more are required to obtain a "Withdrawal Permit" and Broker License. This fee cannot be deducted from your account, and you must pay 16.8% of the total amount in your trading account to generate your account certificates.
7. Amendments and Termination
The Company reserves the right to amend this Agreement at any time, with notice to the Customer.
Either Party may terminate this Agreement by providing written notice to the other Party.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
9. Dispute Resolution
Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in New York, NY, in accordance with the rules of the American Arbitration Association.
10. Miscellaneous
This Agreement constitutes the entire agreement between the Parties and supersedes any prior agreements or understandings.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The failure of either Party to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
By accepting this Agreement, the Customer acknowledges that they have read, understood, and agree to be bound by the terms and conditions contained herein.